Deferred Compensation & Divorce: Premarital Assets, Post-Marital Valuation | PART THREE
In this third installment in our series about the treatment of deferred compensation in Tennessee divorce, we continue working through the various challenges these assets pose to courts, attorneys, and their clients. Part One was an overview of various retirement plans and fringe benefits falling within the scope of deferred compensation. Included were select provisions […]
Read More»Wife Takes the Cake Baking Business in Divorce
- At May 02, 2018
- By Miles Mason
- In Property Classification
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Tennessee case summary on property classification in divorce. John Anthony Gentry v. Katerine Wise Gentry The husband and wife in this Sumner County, Tennessee, case were married in 2009 and had no children. The wife had owned a cake-baking business since before the marriage. The husband had worked as an accountant but had lost his […]
Read More»Deferred Compensation & Divorce: IRAs, Military Pensions, Disability Insurance Benefits, and Marital Nexus | PART TWO
In Tennessee law, deferred compensation includes a spouse’s income deferred by the employer for already-performed work, functioning as a “substitute for life savings.” See Gragg v. Gragg, discussed later. When earned during the marriage, a deferred compensation plan may be a divisible marital asset along with any appreciation, or increase in value, that also happened […]
Read More»Spouse Entitled to Portion of Sevicemembers Pension Despite Disability
- At April 23, 2018
- By Miles Mason
- In Military, Property Division
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Tennessee case summary on military pension in divorce. Joanna Marie Vlach v. Gregory Alan Vlach The husband and wife in this Montgomery County, Tennessee, case were married in 1982 and divorced in 2002. Their divorce judgment incorporated a marital dissolution agreement which divided the husband’s U.S. Army pension. It provided that the wife would receive […]
Read More»Wife Gets Half of Husband’s Military Pension Despite Ambiguous Order
Tennessee case summary on military retirement benefits in divorce. William August Lockler, III, v. Pamela Michelle Barr Lockler The husband and wife in this Tennessee case were married in 2002 and divorced in 2007. The final 2007 judgment stated that if the wife was entitled under federal law to receive any portion of the husband’s […]
Read More»Qualified & Nonqualified Deferred Compensation & Divorce: PART ONE
Division of deferred compensation is a hot-button issue in all divorce proceedings. For reasons highlighted throughout this series, family law attorneys assist their divorce clients in preparing for division of deferred benefits earned from current or past employment during the marriage or before, such as a pension, IRA, or 401(k). Qualified & Nonqualified Deferred Compensation […]
Read More»Rental Property Owned Before Marriage Became Marital Asset
Tennessee case summary on property classification and transmutation in divorce. Michael Lee Givens v. Tristine Ann Givens The husband and wife in this Hamilton County, Tennessee, case were married in 2002 and had no children. The husband filed for divorce in 2012, and the trial was held in 2015, at which time the husband was […]
Read More»Divorcing Wife Entitled to Extra Time To Complete Business Valuation
Tennessee case summary on business valuation in divorce and gifting a painting. Jennifer Kate Watts v. Scottie Lee Watts The husband and wife in this Shelby County, Tennessee, case had been married for twenty years and had two minor children at the time of their 2014 divorce. The wife was a certified public accountant, and […]
Read More»Tennessee Mandatory Injunction Law – Willful, Deliberate Violations, PART FOUR
- At December 29, 2017
- By Miles Mason
- In Divorce, Property Division
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This is the final segment in our four-part series on Tennessee’s mandatory injunction law. As with Part One, Part Two, and Part Three, we continue to focus on judicial interpretation, application, and enforcement of injunctive orders in divorce and legal separation cases. How are spouses who violate the divorce injunction held accountable? Mainly through contempt […]
Read More»Military Pension Divided in Divorce Based Upon Vested Benefit
Tennessee case summary on dividing a military pension in divorce. Karen H. Foster v. Douglas S. Foster The husband and wife in this Montgomery County, Tennessee, case were divorced in 2006 after 13 years of marriage. At the time of the divorce, the husband held the rank of Captain in the U.S. Army after 14 […]
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